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{
    "id": 953718,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/953718/?format=api",
    "text_counter": 81,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Hargura",
    "speaker_title": "",
    "speaker": {
        "id": 827,
        "legal_name": "Godana Hargura",
        "slug": "godana-hargura"
    },
    "content": "This country has always had laws. After we got Independence, we had laws. Community land has been under county councils. There have been laws like the Trust Land Act to give them direction on how to administer that community land. If it was to be taken over by any other institution, there must be a way of having that land transferred. To my understanding, it always had community involvement. The unfortunate situation like this one is where those laws are not followed. You end up with Government institutions, private organisations or individuals acquiring community land without following due procedure. We have a serious case in Marsabit County where a private developer acquired 150 acres of community land when the law is there but it was not followed. I would like to concur with my colleagues who talked about the Judiciary not standing up to their expectation because a community went to court. It was very clear because from the way they presented their case, that the law was not followed; it reached a point where a three-judge bench recused itself because it did not have the spine to make the right decision. So, even when you go to court where you think you will get justice, you have a case of judges literally running away from making the decision. That is why it is now left to the Senate to make those bold decisions and see whether they will be implemented through. Mr. Speaker, Sir, Isiolo County is a small county but it has four military camps, as Sen. Wetangula said. It is suspect, now that the communities are trying to register their lands under the Community Land Act, is when the military is producing papers saying that they own the land and that the communities occupying it should move. Why did they not say it all this time? If they acquired the land in the 1970s, why did they not evict the people then? I sit in the Committee on Land, Environment and Natural Resources and as a Committee, we have to take it upon ourselves, follow it through and quickly come up with the facts and then from there, we will see who will fail to implement the decision of this House."
}